Title XII, Public Safety and Welfare

I. The needs and services of every client in the service delivery system shall be subject to a periodic review under the supervision of the administrator, which shall include but not be limited to: (a) A thorough clinical examination including an annual health assessment; (b) An …

I. There shall be an individual service agreement for every client in the service delivery system who receives services. A service coordinator chosen by the client shall develop a preliminary written individual service agreement based upon a comprehensive screening evaluation est…

Every developmentally disabled client has a right to adequate and humane habilitation and treatment including such psychological, medical, vocational, social, educational or rehabilitative services as his condition requires to bring about an improvement in condition within the li…

I. No person shall be deemed incompetent to manage his or her affairs, to contract, to hold professional, occupational or vehicle operator's licenses, to vote, to marry or to make a will solely by reason of his or her developmental disability or of his or her participation in the…

Written materials describing the rights of clients as set forth in this chapter and in the rules of the department shall be provided to each client and his or her guardian, if any. Such materials shall be presented in clearly understandable language and form.

I. The commissioner shall establish, in each area agency, a human rights committee of 5 or more persons. The majority of the members of each human rights committee shall be persons who represent the interests of developmentally disabled clients and who are not employees of the de…

I. The commissioner may designate by rules adopted pursuant to RSA 541-A for each area one area agency which shall be responsible for administering area-wide programs and services for developmentally disabled persons. Each area agency so designated shall be the primary recipient …

The department shall administer a family-centered early supports and services (FCESS) program designed for children birth up to age 3 who have a diagnosed, established condition that has a high probability of resulting in delay, are experiencing developmental delays, or are at ri…

A client and legal services section shall be established in the department. Its functions and responsibilities shall include but not be limited to: I. Assisting the commissioner in responding to inquiries and complaints by or on behalf of mentally ill or developmentally disabled …

I. There is hereby established within the department an institutional review board which shall be known as the committee for the protection of human subjects. The committee shall oversee research conducted in department-funded programs that serve people with mental illness, devel…

The commissioner may adopt rules, pursuant to RSA 541-A, relative to the operation of the committee for the protection of human subjects, established in RSA 171-A:19-a, the procedures, conditions, and criteria for the conduct and approval of research, and fees charged by the comm…

In this chapter: I. "Administrator" means the superintendent or chief administrative officer of any facility or of any program or service for the developmentally disabled conducted under the supervision of the commissioner or any employee he so designates as his deputy. I-a. "Are…

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the criteria and procedures for designation of receiving facilities which receive persons for involuntary admissions under RSA 171-B. A receiving facility may be designated by the commissioner for one or more …

I. When any person has been involuntarily admitted to a receiving facility pursuant to RSA 171-B or conditionally discharged pursuant to paragraph II of this section, the administrator of the receiving facility most recently providing services to the person may grant an absolute …

I. The administrator of a receiving facility may, with prior approval of the chief administrator of the state developmental services system or designee, grant a conditional discharge to any person who consents, by an informed decision, to participate in continuing services from a…

I. If an administrator at an area agency providing continuing services to a person conditionally discharged pursuant to RSA 171-A:22 or the administrator's designee reasonably believes that: (a) The person has violated a condition of the discharge; or (b) A condition or behavior …

A person whose conditional discharge is revoked pursuant to RSA 171-A:23 may appeal the decision to the chief administrator of the state developmental services system. The person shall be entitled to a hearing on the appeal, before the chief administrator of the state development…

Any person subject to an order for involuntary admission pursuant to RSA 171-B:12 may file in probate court a petition setting forth such person's name, the underlying circumstances and date of the prior order of the court ordering such person's involuntary admission, a request f…

RSA 171-A:25 shall not be construed to deprive any person of the benefits of the writ of habeas corpus. If the court issuing the writ of habeas corpus grants relief, the court shall enter an order discharging the person and shall transmit a certified copy of it to the probate cou…

I. Any law enforcement officer shall take custody of persons who are subject to proceedings for involuntary admission under the following circumstances: (a) Upon issuance by an administrator or designee of a complaint for delivery for review pursuant to RSA 171-A:23, II; (b) Upon…

Upon request, the office of the sheriff of the county in which any person is located who is to be taken into custody in accordance with RSA 171-A:27 shall take such person into custody and transport that person to the appropriate destination.

All rights guaranteed by RSA 171-A to persons with developmental disabilities shall be retained by persons involuntarily admitted under RSA 171-B except where safety or security mandates restriction of such rights. Any restriction of rights under this section may be appealed to t…

The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A to implement this chapter.

I. There is established a council on autism spectrum disorders to provide leadership in promoting comprehensive and quality education, health care, and services for individuals with autism spectrum disorders and their families. The members of the council shall be as follows: (a) …

I. There is established the developmental services quality council to provide leadership for consistent, systemic review and improvement of the quality of the developmental disability and acquired brain disorder services provided within New Hampshire's developmental services syst…

I. There is established the developmental services oversight commission to continuously and effectively assure the health and welfare of participants receiving home and community based 1915(c) waiver services within the developmental services system. The commission is tasked with…

The department shall maintain a state service delivery system for the care, habilitation, rehabilitation, treatment and training of developmentally disabled persons. Such service delivery system shall be under the supervision of the commissioner.

I. Applications for service shall be made by the developmentally disabled person seeking such service, and all placements shall be voluntary. If the client is under the age of 18, the application for service may be initiated by a parent or legal guardian. If the client is over th…

I. A person seeking service shall make application in accordance with rules adopted by the commissioner to the area agency in his or her appropriate geographic region as designated by rule pursuant to RSA 171-A:2, I-b. II. A comprehensive screening evaluation, coordinated by the …

Except for a person admitted involuntarily pursuant to RSA 171-B, a client at any time may seek a change in services or withdraw entirely from the service delivery system. A parent or legal guardian may seek a change of services for or withdraw entirely a minor or ward in his or …

I. The administrator may terminate service to a client at any time that such termination is deemed in the best interest of the client or when the client can function independently without such service or when the client has received optimal benefit from such service. II. In every…

I. A receiving facility to which a person is ordered for involuntary admission or to which such person has been transferred may transfer the person to another receiving facility if the receiving facility to which the person is to be transferred can better provide the degree of se…

I. There is hereby established the developmental services fund. The fund, from appropriations provided in accounting unit 05-95-93-930010-7100, shall be used to carry out the provisions of this chapter. The fund shall be nonlapsing and shall be continually appropriated to the com…

I. The commissioner shall adopt rules pursuant to RSA 541-A relative to clients in residential services, including but not limited to such matters as restraint and seclusion. II. Restraint or seclusion may be used only in cases of emergency such as the occurrence or serious threa…